Terms of service

These Terms of Service ("Terms") apply to all offers, agreements and services of Kirca IT Services, registered with the Dutch Chamber of Commerce under number 91781418, VAT identification number NL004915794B15, established in Amsterdam, trading under the name Aqlemy ("Aqlemy", "we", "us"). Who our counterparty is. The agreement is concluded with an organisation: a foundation, association, school, educational institution, mosque, educational centre or umbrella organisation. The person who registers on behalf of that organisation declares that they are authorised to do so and binds the organisation. Members, students, parents and teachers use the Platform through their organisation and are not a party to this agreement; their relationship with the organisation is governed by that organisation's own rules. Business use only. Registration with the Chamber of Commerce or a foreign equivalent is mandatory. This is therefore not a consumer contract. Consumer law provisions — including the statutory right of withdrawal under article 6:230o of the Dutch Civil Code, the consumer ombudsman and the European ODR platform — do not apply to this agreement. Which documents make up the agreement. The agreement consists of: (a) the order or registration stating the chosen Package, (b) these Terms, (c) the Data Processing Agreement, and (d) the Privacy Policy and Cookie Policy insofar as they contain information about our own processing activities. In the event of conflict this order of precedence applies, with one exception: for everything concerning the processing of personal data on behalf of your organisation, the Data Processing Agreement prevails over these Terms. That exception is deliberate — a data processing agreement that can be set aside by general terms does not satisfy article 28 GDPR. Your own purchasing terms. The applicability of purchasing or other terms of your organisation is expressly rejected, unless we have accepted them in writing. If you wish to deviate from these Terms, we record those deviations in writing; only then do they apply, and only for the agreement for which they were agreed. Version and provision of the text. These Terms carry a version number and an effective date, shown at the top of this page. On each acceptance we record which version you accepted, at what moment, by which route, and a cryptographic checksum (sha256) of precisely this text. This establishes afterwards not only which version applied, but which characters it contained. That is what article 6:234 of the Dutch Civil Code requires of terms made available electronically: the text can be stored and reproduced, and remains available at aqlemy.com/en/terms-of-service. Languages. These Terms are available in Dutch, Turkish, English and Arabic. In the event of a difference in interpretation between the language versions, the Dutch text prevails. We are not liable for imperfections in a translation, except in the case of intent or wilful recklessness.

In these Terms, the following terms have the following meaning, in the singular and the plural: Aqlemy / we / us: Kirca IT Services, Chamber of Commerce number 91781418, VAT number NL004915794B15, Amsterdam, trading under the name Aqlemy. Organisation / you / your: the legal entity or organisation that enters into the agreement with us and under whose account the Platform is used. Platform: the management platform operated by Aqlemy, consisting of the administration portal, the programming interfaces, the public organisation pages, the information screens and the mobile applications. Services: everything we deliver under the agreement: making the Platform available, hosting, storage, maintenance, support and the associated documentation. Package: the combination of functionality you have chosen — Membership System, Education Light, Education Complete or Membership+Education Complete — which determines which parts of the Platform are available to your organisation. End User: a natural person who uses the Platform under the Organisation's account: an administrator, teacher, parent, student or member. Administrator: an End User to whom the Organisation has granted administrative rights. Customer Data: all data that the Organisation or its End Users enter, upload or cause to exist on the Platform, including personal data, files, messages and financial records. Customer Data is and remains the Organisation's. Personal Data, Processing, Controller, Processor, Data Subject, Personal Data Breach: the terms as defined in article 4 GDPR. Data Processing Agreement / DPA: the agreement referred to in article 28(3) GDPR, published at aqlemy.com/en/processing-agreement, which forms an integral part of the agreement. Sub-processor: a third party that processes Personal Data on our instructions. The current register is at aqlemy.com/en/subprocessors. Trial Period: the period of 30 days after registration during which the chosen Package may be used free of charge. Subscription: the continuing agreement against periodic payment, after the end of the Trial Period. Outage: the Platform being unavailable or not fully available, other than through Scheduled Maintenance or through a cause attributable to the Organisation or to its own facilities. Scheduled Maintenance: maintenance we announce in advance, as described in article 10. Business Day: Monday through Friday, excluding public holidays generally recognised in the Netherlands. In writing: on paper or by electronic means, including email and a notice in the administration portal, provided the content can be stored and reproduced. Umbrella Organisation: an Organisation of the umbrella type, to which other Organisations may be linked as child organisations. Advertiser: a business that purchases advertising space from an Organisation via the Platform, as governed by article 6.